On June 8, 2009, the Judges issued Standardbred Official Ruling SB 39077 wherein Steven L. Binkley (“Binkley”) was suspended for three years – June 15, 2009 to June 14, 2012 and fined $5000 for the following reasons

:

Mr. Binkley did commit acts of fraud, violated rules of conduct, raced with hidden ownership, failed to have proper owner-trainer agreements and to keep proper records and placed his interests above those of this owners while participating as the trainer of record with respect to Most Wanted Benka from Nov 15, 2007 to the present; Jers Gazou in Feb and March 2007 and Million Dollar Pier from May 28, 2008 to Oct 1, 2008.

On June 8, 2009, in accordance with Ontario Racing Commission (“ORC”) Rules 6.01(d) and 26.01(d), the Judges also issued Standardbred Official Ruling SB 39078 wherein the following condition was placed on the licence of Binkley for two years following the completion of his suspension (June 15, 2012-June 14, 2014): “Steven Binkley shall only possess a trainers licence in the “f” category, a licence restricted to the training of horses while owned by himself and/or his immediate family members”.

On June 14, 2009, Binkley filed a Notice of Appeal.

On June 23, the Executive Director of the ORC issued Ruling Number S.B. 84/2009 wherein he denied Binkley’s request for a stay.

On November 4, 2009, a Panel of the ORC, comprised of Chair Rod Seiling, convened for the purposes of hearing Binkley’s appeal. Binkley requested an adjournment of the Hearing on the basis that he wished to retain counsel. The Panel adjourned the Hearing to December 17, 2009, with the date being peremptory on Binkley.

On December 17, 2009, a Panel of the Ontario Racing Commission, comprised of Chair Rod Seiling, convened for the purposes of hearing Binkley’s appeal.

Jennifer Friedman appeared on behalf of the Administration of the ORC. Bob Burgess attended on behalf of Binkley.

After reviewing the evidence, including an Agreed Statement of Facts, hearing the testimony of ORC Investigator Charles Beirnes, ORC Senior Judge Bill Maertens, Ronald Benson, Michael O’Connor, and Binkley, and upon considering the closing submissions, the Panel denied the appeal as follows:
i) The $5,000 fine is affirmed;
ii) The suspension portion of the penalty is varied to four years from three;
iii) Eighteen months of the four year suspension shall be stayed;
iv) The stay of eighteen months of the suspension will immediately expire should the current Ontario Provincial Police investigation into his business dealings result in another conviction;
v) Time served by Binkley from June 15, 2009 to December 23, 2009 (one hundred and ninety-one days) shall be deducted from the remaining suspension;
vi) The suspension (seven hundred and nineteen days) shall run from December 24, 2009 to December 13, 2011;
vii) Prior to his becoming eligible for an ORC licence, he will be required to prove to the satisfaction of the Director of the ORC that he is worthy of such a privilege;
viii) If the Director is satisfied as to the suitability of Binkley as a licensee, the two year probation (i.e. Binkley shall only possess a trainers licence in the “f” category, a licence restricted to the training of horses while owned by himself and/or his immediate family members) will commence immediately upon reinstatement;
ix) At the conclusion of Binkley’s two year probationary term, he must again satisfy the Director as to his suitability to hold a regular trainer’s licence.

To read the Panel’s Reasons for Decision, click here.

(ORC)